The EU AI Act is not purely an EU matter: it can also affect Swiss companies. From 2 August 2026, large parts of the AI Act apply, including the transparency obligations for chatbots and AI-generated content. If you serve customers in the EU, now is the time to take a close look.
Shortly before the deadline, the EU made adjustments: since 27 July 2026, the Digital Omnibus has been in force, postponing deadlines and redefining obligations. This does not mean that everything comes later, but that you need to know more precisely what applies when.
We show when the EU AI Act applies to Swiss companies, what applies from August, what has been postponed and how you can prepare. We described the Swiss framework in our article on AI and data protection.
Key facts at a glance
- The EU AI Act also covers Swiss companies if they offer AI systems in the EU or if the output of their AI is used in the EU.
- From 2 August 2026, the transparency obligations apply: chatbots must make clear that they are AI, and deep fakes must be labelled.
- The Digital Omnibus has been in force since 27 July 2026 and postpones the high-risk rules to December 2027 and August 2028 respectively.
- The AI literacy obligation remains, but now requires measures to support it rather than a “sufficient level” of literacy.
- Switzerland has no AI law of its own; a consultation draft to implement the Council of Europe’s AI Convention is due by the end of 2026.
Does the EU AI Act apply to Swiss companies?
In short: yes, if they offer AI in the EU or its output is used there.
Where you are based is not the only factor
Under Article 2 of the AI Act, the regulation applies to providers that place AI systems on the market in the EU, wherever they are established. It also covers providers and deployers in third countries whose AI output is used in the Union. Even a chatbot answering enquiries from Germany can be enough.
Your role matters here: providers develop an AI system, or have it developed, and place it on the market under their own name; deployers use it professionally under their own authority. Many companies are deployers, for example with a chatbot they have bought in.
And Switzerland? No AI law, but a roadmap
On 12 February 2025, the Federal Council decided to ratify the Council of Europe’s AI Convention and to adapt Swiss law on a sector-specific basis wherever possible. A consultation draft on transparency, data protection, non-discrimination and supervision is to be prepared by the end of 2026 (Federal Office of Communications, OFCOM); the consultation has not yet been opened.
For AI, the key law is the Swiss Federal Act on Data Protection (FADP). According to the Federal Data Protection and Information Commissioner (FDPIC), the FADP applies directly to AI-supported data processing. Where a language model communicates directly with users, they therefore have a right to know whether they are talking to a machine.
What applies from 2 August 2026: the AI labelling obligation
When the EU AI Act becomes generally applicable on 2 August 2026, Article 50 becomes central for many companies: the transparency obligations. Apart from a transitional period for older systems, they have not been postponed.
Chatbots must identify themselves
Providers must design chatbots and similar systems so that people are informed when they are interacting with an AI, unless this is obvious. The information must be given clearly, at the latest at the first interaction. Our article on chatbots for businesses shows how such systems work.
Labelling deep fakes and texts of public interest
Anyone who uses AI to generate image, audio or video content that constitutes a deep fake must disclose that it has been artificially generated or manipulated. For evidently artistic or satirical works, a notice that does not hamper the work is sufficient.
AI-generated texts that inform the public on matters of public interest must also be labelled, unless they have undergone editorial review and someone holds editorial responsibility for them.
Machine-readable marking for generative AI
Providers of generative AI must mark the text, images, audio and video it generates in a machine-readable format; for systems on the market before 2 August 2026, the deadline is 2 December 2026. Help is available in a voluntary Code of Practice from the European Commission, published on 10 June 2026.
What the Digital Omnibus postpones – and what it doesn’t
Regulation (EU) 2026/1744, officially the “Digital Omnibus on AI”, was published in the Official Journal of the EU on 24 July 2026 and has been in force since 27 July. Parliament and the Council had given their approval in June. The key deadlines:
| Rule | Applies from |
|---|---|
| Prohibited AI practices, AI literacy | 2 February 2025 |
| Transparency obligations under Article 50 | 2 August 2026 |
| Machine-readable marking for older systems | 2 December 2026 |
| New prohibitions: non-consensual intimate deep fakes, child sexual abuse material | 2 December 2026 |
| High-risk AI under Annex III, such as recruitment, creditworthiness | 2 December 2027 (previously 2 August 2026) |
| High-risk AI in products under Annex I | 2 August 2028 (previously 2 August 2027) |
High-risk rules: more time, but no all-clear
The biggest postponement concerns high-risk systems, justified by delayed standards and the slow set-up of national authorities. Requirements such as risk management, documentation and human oversight do not disappear; they simply fall due later. If you use AI in recruitment, you gain time, but not a free pass.
AI literacy: support rather than ensure
Previously, Article 4 required measures to ensure, “to their best extent”, a sufficient level of AI literacy. Since 27 July, providers and deployers must take measures to support it, without having to guarantee a specific level. Less obligation does not mean less need: untrained teams open the door to shadow AI.
Five steps to prepare for the EU AI Act
What does this mean in practice? Five steps give you an overview, even if not everything has to be done by 2 August.
1. Take stock of your AI use
List which AI tools are used in your company, from chatbots to image generation. Tools that employees use on their own initiative also count.
2. Check the EU connection
For each system, establish whether it reaches people in the EU or delivers results there. Typical examples are an online shop with customers in Germany or campaigns aimed at Austria.
3. Determine your role
Are you a provider or a deployer? If you offer an AI system under your own name, even one developed externally, you bear considerably more obligations than a company that uses an existing tool.
4. Implement labelling
Check whether your chatbots are clearly recognisable as AI, including those you have bought in. Set out in a short internal rule how AI-generated images, videos and texts are labelled.
5. Define skills and responsibilities
Appoint a responsible unit, train your teams and document the measures. Our article on AI strategy shows how this fits into your overall planning.
Deadlines shift, the direction stays
For Swiss companies, the EU AI Act is not a distant Brussels affair, but a question of market access. The Omnibus provides breathing space for high-risk systems, but hardly any for transparency. Switzerland, too, is moving towards transparency and supervision.
It all starts with an overview. This is where BE BRAVE comes in: in our consulting, we assess AI readiness, data situation and risks and turn them into a prioritised roadmap rather than a list of ideas. All BE BRAVE offerings are operated on our own servers in Switzerland.
The information reflects the situation as at 30 July 2026. This article is for general information only and does not constitute legal advice.
FAQ
Does the EU AI Act also apply to companies in Switzerland?
Yes, if they offer AI systems in the EU or the output of their AI is used there.
When does the EU AI Act’s AI labelling obligation apply?
The transparency obligations apply from 2 August 2026. For the machine-readable marking of older systems, a transitional period runs until 2 December 2026.
Is there an AI law in Switzerland?
No. The Federal Council intends to ratify the Council of Europe’s AI Convention and is having a consultation draft prepared by the end of 2026. The FADP in particular already applies to AI today.
What are the penalties for breaching the EU AI Act?
Breaches of the transparency obligations can lead to fines of up to EUR 15 million or 3 per cent of worldwide annual turnover, whichever is higher. For SMEs, the lower amount applies.
